Search for: "McDermott v. Manhattan Eye Hosp."
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14 Sep 2010, 2:49 am
That rule is not to be found in, and does not seem in the least to be suggested by, either of the two decisions cited by the Second Department in Carvalho (see McDermott v Manhattan Eye, Ear & Throat Hosp., 15 NY2d 20, 27 [1964]; Johnson v New York City Health & Hosps. [read post]
5 Dec 2017, 4:20 am
It is incumbent upon the plaintiff to present expert testimony to support allegations of malpractice (see 530 E. 89 Corp. v Unger, 43 NY2d 776, 777; McDermott v Manhattan Eye, Ear & Throat Hosp., 15 NY2d 20, 24), except where the alleged act of malpractice falls within the competence of a lay jury to evaluate (see 530 E. 89 Corp. v Unger, 43 NY2d at 777; Hammer v Rosen, 7 NY2d 376, 380). [read post]
